Luchko O. Review in criminal pre-trial proceedings

The dissertation is devoted to the complex research of the review in criminal pre - trial proceedings. The essence of the review in criminal pre-trial proceedings is considered. The concept of «review in criminal pre-trial proceedings» as a procedural action carried out by an authorized entity (as an exception, by anyone who is not an authorized official) both before and during the pre-trial investigation, the content of which is the lawful study and fixation material objects in order to obtain factual information about the circumstances of the criminal offense. The functional purpose of the review in criminal pre-trial proceedings is revealed. It is substantiated that the functions of the review in criminal pre-trial proceedings are: the function of an exclusive procedural means of collecting factual data on a criminal offense; recording non-verbal information about a criminal offense; documenting the submission of evidence of a criminal offense by unauthorized persons; the function of verifying the affiliation of evidence to the event of a criminal offense; identification of objects withdrawn from circulation by law; the function of cooperation of special knowledge necessary for the qualitative detection and preservation of evidence; ensuring the presence of persons during the establishment of the circumstances of a criminal offense. As a result of the research, the correlation of the review with other investigative (investigative) actions in criminal pre-trial proceedings was determined. The rules of inspection in criminal pre-trial proceedings are considered. The general and special rules of conducting an examination in criminal pre-trial proceedings are singled out. The concept of «effectiveness of the review in criminal pre-trial proceedings» is defined as the ability to review in a lawful manner provided by the CPC of Ukraine, without violating human rights and freedoms and in the shortest possible time to achieve the goal of establishing and recording the presence or absence of traces of criminal offenses. The directions of increase of efficiency of inspection in criminal pre-trial proceedings are opened. Legislative proposals have been formulated to improve the legal regulation of the review in criminal pre-trial proceedings.